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- Newsgroups: soc.motss
- Path: sparky!uunet!spool.mu.edu!sdd.hp.com!ux1.cso.uiuc.edu!news.cso.uiuc.edu!usenet
- From: StarOwl@uiuc.edu (Michael D. Adams)
- Subject: Re: G&L MILITARY BAN: Call the White House NOW!
- References: <9648052325011993/A05354/POSSE/1171CDC11400*@mrgate.uwyo.edu>
- Message-ID: <C1GyMG.9G2@news.cso.uiuc.edu>
- Sender: usenet@news.cso.uiuc.edu (Net Noise owner)
- Reply-To: StarOwl@uiuc.edu
- Organization: Actuarial Science Program at UIUC
- X-Header-1: Bigotry is not a family value -- boycott Colorado, think twice
- X-Header-2: about Oregon, watch out for Ohio, Idaho, Michigan, Maine, and
- X-Header-3: Florida.
- X-Header-5: Beware lunatic actuaries in the night!
- Date: Tue, 26 Jan 1993 16:18:15 GMT
- Lines: 38
-
- LASAGA@corral.uwyo.edu (LASAGA) writes:
- >In article <chavez.727989434@quorum.com>, chavez@quorum.com
- >(R. Martin Chavez) writes:
- >>3. Legislation is being introduced in the House and Senate to
- >>make the ban enforceable by legislation. (Remember the ban was
- >>instituted through an Executive Order 50 yrs ago - legislation
- >>could make the ban into LAW!!!)
- >Would congressional legislation be able to override an executive
- >order by Clinton? Or would an executive order by Clinton be able
- >to override congressional legislation? Anybody know?
-
- I'm no lawyer and I'm no expert in the ways of the government, but I'd
- guess that:
-
- Congress can reverse an executive order by passing legislation to the
- contrary. From what I've heard, this legislation will be introduced
- essentially as soon as Clinton signs the order. This legislation has
- a high probability of being passed, and it isn't unlikely that there
- will be enough support for that bill on Capitol Hill for Congress to
- override a Presidential veto.
-
- It is theoretically possible, but unlikely, that Clinton can refuse
- to "enforce" that law. The job of the executive branch of the
- government is (essentially) to enforce the law, and Clinton, acting
- as Commander-in-Chief of the armed foces, could order the military
- to ignore the law. (cf. Andrew Jackson's comment along the lines of
- "They made the law, now let them try and enforce it," with regards
- to the Supreme Court ruling in _Cherokee Nation v. Georgia_).
- However, this action would create a whole 'nuther can of worms,
- and I think Clinton is too much of a politician to open that can.
-
- In other words, this mess ain't over by a LONG shot.
-
- --
- Michael D. Adams | Since when do you have to agree with people to defend
- University of Illinois | them from injustice? -- Lillian Hellman
- StarOwl@uiuc.edu | Religion has done love a great service by making it a
- Standard Disclaimers | sin. -- Anatole France
-